Vaughan v Patrick Stevedores [2001] NSWSC 1126

New South Wales Supreme Court

CITATION : Vaughan v Patrick Stevedores [2001] NSWSC 1126 FILE NUMBER(S) : SC 020350/99 HEARING DATE(S) : 27/11/2001,28/11,29/11,30/11 JUDGMENT DATE : 10 December 2001

PARTIES : Francis Michael Vaughan (plaintiff) Patrick Stevedores #1 Pty Ltd (defendant) JUDGMENT OF : Cooper AJ

Mr A Bartley SC and Mr L G Stone for plaintiff COUNSEL : Mr H. J. Marshall for defendant David Hand Solicitor, Hurstville for plaintiff SOLICITORS : Gillis Delaney Brown, Lawyers Sydney for defendant CATCHWORDS : NEGLIGENCE - Employer's duty to employee. - Injury to employee caused by unlawful acts of strangers on premises not under the control of employer - Foreseeability of harm - Psychiatric injury, foreseeability. Patrick Stevedore's Operations Pty Ltd & anor V Maritime Union of Australia & Anor 144 FLR 392 Kozjak v Fairfax Community Newspapers 2001 NSWCA 37 CASES CITED : Pacific Access v Davies 2001 NSWCA 218 Modbury Triangle Shopping Centre Pty Ltd v Anzil 176 ALR 411 at pp 415 & 416 Wyong Shire Council v Shirt 146 CLR 40 at p. 47 NSW V Seedsman (2000 NSWCA119) DECISION : See Summary Orders at para 168; also orders under the Slip Rule made on 12/12/2001

- 42 - THE SUPREME COURT

OF NEW SOUTH WALES

COMMON LAW DIVISION

COOPER A J

10 December 2001

20350 OF 1999 VAUGHAN V PATRICK STEVEDORES NO 1 PTY LTD JUDGMENT Introduction 1 In 1998 the traditional peace of the Easter period was broken by industrial action at the ports around Australia. On the one hand the Patrick group of companies was desirous of breaking the long standing monopoly of the Maritime Union of Australia to provide waterside workers for the loading and unloading of vessels whilst, on the other hand that union was resisting the change. The moral rights and wrongs of the parties is not in issue in this case. The legal rights and wrongs of that dispute were considered by the Federal Court of Australia at first instance in a judgment of 21 April, 1998 and before the Full court of the Federal Court on 23 April, 1998. Those issues are not involved in this case. 2 In this case the plaintiff sues to recover damages to compensate him for quite severe psychiatric injuries and disabilities which he claims to have sustained when going in and out of Port Botany where he was employed by the defendant as an operational superintendent. In the course of those journeys he was subjected to quite terrifying conduct on the part of people forming picket lines. 3 In paragraph 4 of his Statement of Claim, the plaintiff alleges:- "In April and May, 1998, whilst in the course of his said employment, the plaintiff, acting on instructions from the defendant was frequently subjected to physical violence whilst entering and leaving his place of employment at Port Botany through picket lines and as a result, has sustained injury."